Kuldip Singh, Judge. This judgment shall dispose of Cr.MP No.179 of 2013 in Cr.MMO No.8 of 2012 and Cr.MMO No.68 of 2012 as common and overlapping questions of law are involved in both the matters.

2.The relevant facts, in brief, are that respondent/complainant Ramesh Kumar filed a complaint under Section 138 readwith Section 142 of the Negotiable Instruments Act, 1881, against petitioner/accused Ram Krishan. In the complaint, accused moved an application under Section 311 of the Code of Criminal Procedure, 1973 ( for short ‘Code’) to recall for cross-examination complainant along with original agreement executed probably on 18.08.2010 in respect of apple crop of complainant purchased by accused.This application was dismissed by trial Magistrate on 05.12.2011. The accused filed Cr.MMO No.8 of 2012 under Article 227 of the Constitution of India read with Section 482 of the Code and assailed order dated 05.12.2011. Cr.MMO No.8 of 2012 was dismissed on 13.01.2012. The accused has filed Cr.MP No.179 of 2013 under Article 227 of the Constitution of India readwith Section 482 of the Code for recalling order dated 13.01.2012 passed in Cr.MMO No.8 of 2012.

3.After the decision of C